2005 Federal Sentencing Guidelines
Chapter 2 - PART B - BASIC ECONOMIC OFFENSES
§2B6.1. Altering or Removing
Motor Vehicle Identification Numbers, or Trafficking in Motor Vehicles or
Parts with Altered or Obliterated Identification Numbers
(a) Base Offense Level: 8
(b) Specific Offense Characteristics
(1) If the retail value of the motor vehicles or parts (A) exceeded $2,000
but did not exceed $5,000, increase by 1 level;
or (B) exceeded $5,000, increase by the number of levels from the table in §2B1.1
(Theft, Property Destruction, and Fraud) corresponding to that amount.
(2) If the defendant was in the business of receiving and selling stolen
property, increase by 2 levels.
(3) If the offense involved an organized scheme to steal vehicles or vehicle
parts, or to receive stolen vehicles or vehicle parts, and the offense level
as determined above is less than level 14,
increase to level 14.
Commentary
Statutory Provisions: 18
U.S.C. §§ 511, 553(a)(2), 2321.
Application Notes:
1. Subsection (b)(3), referring to an "organized scheme to steal vehicles
or vehicle parts, or to receive stolen vehicles or vehicle parts," provides
an alternative minimum measure of loss in the case of an ongoing, sophisticated
operation such as an auto theft ring or "chop shop." "Vehicles" refers to
all forms of vehicles, including aircraft and watercraft. See Commentary
to §2B1.1 (Theft, Property Destruction, and Fraud).
2. The term "increase by the number of levels from the table in §2B1.1
(Theft, Property Destruction, and Fraud) corresponding to that amount," as
used in subsection (b)(1), refers to the number of levels corresponding to
the retail value of the motor vehicles or parts involved.
Background: The statutes
covered in this guideline prohibit altering or removing motor vehicle identification
numbers, importing or exporting, or trafficking in motor vehicles or parts
knowing that the identification numbers have been removed, altered, tampered
with, or obliterated. Violations of 18 U.S.C. §§ 511 and 553(a)(2)
carry a maximum of five years imprisonment. Violations of 18 U.S.C. §
2321 carry a maximum of ten years imprisonment.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendments 117-119); November 1, 1993 (see Appendix
C, amendment 482); November 1, 2001 (see Appendix
C, amendment 617)